The Essentials of International Public Law and Organization

"If any such acts are committed the injured party is
entitled to compensation, the responsibility resting either on
those who did the acts or on their own governments."63

"Unless otherwise stipulated, conditions remain conformably to the principle of uti possidetis,"i.e. the state of
possession existing at the end of the war. But "where the
principle of uti possidetis is not stipulated or implied, that
of the status quo ante bellum applies," i.e. the state of
possession as it was before the war.64

Phillipson, op. cit.,216. "For example, territory occupied in such
circumstances must be immediately evacuated. . ., contributions collected
must at once be repaid, persons taken as prisoners must be set free again,
ships captured must be released, and so on."

In support of these sound views, Phillipson cites the interesting cases of The Mentor ( 1799), 1 C. Rob.179, 182-83; and The John ( 1818), 2 Dodson 336.

Ibid.,221 and 222. "The uti possidetis clause is nowadays unusual in
peace treaties, if not obsolete. In its stead, the practice is adopted of stipulating the cession of certain territory demanded by one State or the other as a
result of successful invasion or successful prosecution of the war in general,
all other invaded territory being restored.

Notes for this page

Questia, a part of Gale, Cengage Learning. www.questia.comPublication information:
Book title: The Essentials of International Public Law and Organization.
Edition: Revised.
Contributors: Amos S. Hershey - Author.
Publisher: Macmillan.
Place of publication: New York.
Publication year: 1927.
Page number: 455.

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